FA252120B00040002.pdf

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

FA252120B00040002

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

SXHT 15-1035 Repair Cracks, Joints, Slab The maintenance and repair of various concrete pavements is established based on the type and condition of the pavement distresses documented in the plans.

Concrete pavement repair types includes localized shallow depth patches for joint, corners, and crack spalls, localized full-depth patches for corner breaks, localized concrete crack routing and sealing, and the global routing and sealing of existing concrete joints. Asphalt pavement repair types include localized routing and sealing of asphalt cracks, localized patching and edge repair, and the global surface treatment or surface rehabilitation. Airfield marking replacement is also included in each component of pavement repair, as necessary. As stated in the SOW and drawings.

DEAMS0000000000000000005115752

Product Service Code: Z2BD Project Code: SXHT 15-1035 Firm Fixed Price

1.0 Each

Section C - Description/Specifications/Statement of Work

Requirements Provide all labor, materials and equipment necessary to maintain and repair various concrete and asphalt pavement. Concrete pavement repair types includes localized shallow depth patches for joint, corners, and crack spalls; localized full-depth patches for corner breaks; localized concrete crack routing and sealing; full depth slab replacement; and the global routing and sealing of existing concrete joints. Asphalt pavement repair types include localized routing and sealing of asphalt cracks; localized patching and edge repair; full depth replacement of select sections; and the global surface treatment or surface rehabilitation. Airfield marking replacement is also included in each component of pavement repair, as necessary.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

WEEKLY PROGRESS REPORTS:

For purposes of clause 52.236-15, Schedules for Construction Contracts, the contractor shall use AF IMT 3065 to chart actual progress and submit weekly, within one week of actual performance.

(End of Clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 52.246-12 Inspection of Construction. 1996-08 52.246-16 Responsibility for Supplies. 1984-04

0001 Inspection and Acceptance Location Both Destination Instructions: CLIN0001 will be inspected/accepted at destination by the Government

DoDAAC: F3K3DD Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F3K3DD 45 CES CEN

AF NO MILSBILLS PROC CP 3214942129

1142 JUPITER ST

PATRICK AFB, FL 32925 3303

United States

OfficeCode:

Brad Kroetch Email: brad.kroetch@us.af.mil Telephone: 321-494-5137

Section F - Deliveries or Performance

F-1. NOTICE TO PROCEED (NTP):

An NTP will be issued within thirty (30) days after contract award.

F-2. PERIOD OF PERFORMANCE:

The period of performance for this project is one hundred and eighty (180) calendar days including non-access days beginning at NTP. Non-Access Period: Any period of time, during normal established duty hours, that a contractor and/or its subcontractors, to include deliveries are denied access to the worksite by the appropriate Government authority.

F-3. AVAILABILITY OF UTILITIES:

Electric and water hook-up is available to this contractor and shall be furnished without charge. Contractor shall carefully conserve usage of these utilities.

(End of Clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.247-34 F.o.b. Destination. 1991-11

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. 2014-04

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04 As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days .

* The time stated for completion shall include final cleanup of the premises.

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F3K3DD Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F3K3DD 45 CES CEN

Delivery After

30 SEP 2020

1.0 Each

AF NO MILSBILLS PROC CP 3214942129

1142 JUPITER ST

PATRICK AFB, FL 32925 3303

United States

OfficeCode:

Brad Kroetch Telephone: 321-494-5137 Email: brad.kroetch@us.af.mil

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2012-06 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2013-05 As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT

INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https:// www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Construction Payment Invoice and Progress Reports

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Inspection: F3K3DD Acceptance: FA2521

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA2521 Admin DoDAAC FA2521 Inspect By DoDAAC F3K3DD Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other (DoDAAC) N/A LPO (DoDAAC) N/A DCAA Auditor (DoDAAC) N/A Other (DoDAAC) -Contracting Officer FA2521

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system.

Contracting Officer: anthony.eubanks@us.af.mil Contract Specialist: manuel.zendejas.1@us.af.mil Program Manager: brad.kroetch@us.af.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.

Not applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number --Title and Effective Date 52.202-1--Definitions. 2013-11 52.203-3--Gratuities. 1984-04 52.203-5--Covenant Against Contingent Fees. 2014-05 52.203-6--Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7--Anti-Kickback Procedures. 2014-05 52.203-8--Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10--Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-13--Contractor Code of Business Ethics and Conduct. 2010-10 52.203-12--Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17--Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 2014-04 52.203-18--Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation 2017-01 52.203-19--Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-4--Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-10--Reporting Executive Compensation and First-Tier Subcontract Awards. 2016-10 52.204-13--System for Award Management Maintenance. 2016-10 52.204-18--Commercial and Government Entity Code Maintenance. 2016-07 52.204-19--Incorporation by Reference of Representations and Certifications. 2014-12 52.204-22--Alternative Line Item Proposal. 2017-01 52.204-25--Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2019-08 52.209-6--Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2015-10 52.209-9--Updates of Publicly Available Information Regarding Responsibility Matters. 2013-07 52.209-10--Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11--Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 52.214-26--Audit and Records-Sealed Bidding. 2010-10 52.214-27--Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.2011- 52.214-28--Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2010-10 52.214-29--Order of Precedence-Sealed Bidding. 1986-01 52.219-6--Notice of Total Small Business Set-Aside. 2011-11 52.219-8--Utilization of Small Business Concerns. 2016-11 52.219-13--Notice of Set-Aside of Orders. 2011-11 52.219-14--Limitations on Subcontracting. 2017-01 52.222-1--Notice to the Government of Labor Disputes. 1997-02 52.222-6--Construction Wage Rate Requirements. 2018-08 52.222-7--Withholding of Funds. 2014-05 52.222-8--Payrolls and Basic Records. 2018-08 52.222-9--Apprentices and Trainees. 2005-07 52.222-10--Compliance with Copeland Act Requirements. 1988-02 52.222-11--Subcontracts (Labor Standards). 2014-05 52.222-12--Contract Termination-Debarment. 2014-05 52.222-13--Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14--Disputes Concerning Labor Standards. 1988-02 52.222-15--Certification of Eligibility. 2014-05

52.222-19--Child Labor-Cooperation with Authorities and Remedies. 2018-01 52.222-21--Prohibition of Segregated Facilities. 2015-04 52.222-27--Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-34--Project Labor Agreement. 2010-05 52.222-37--Employment Reports on Veterans. 2016-02 52.222-54--Employment Eligibility Verification. 2015-10 52.222-55--Minimum Wages Under Executive Order 13658. 2015-12 52.222-62--Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-5--Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18--Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19--Compliance with Environmental Management Systems. 2011-05 52.225-13--Restrictions on Certain Foreign Purchases. 2008-06 52.228-2--Additional Bond Security. 1997-10 52.228-5--Insurance-Work on a Government Installation. 1997-01 52.228-11--Pledges of Assets. 2018-08 52.228-14--Irrevocable Letter of Credit. 2014-11 52.229-3--Federal, State, and Local Taxes. 2013-02 52.232-17--Interest. 2014-05 52.232-23--Assignment of Claims. 2014-05 52.232-33--Payment by Electronic Funds Transfer-System for Award Management. 2013-07 52.232-39--Unenforceability of Unauthorized Obligations. 2013-06 52.232-40--Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1--Disputes. 2014-05 52.233-3--Protest after Award. 1996-08 52.233-4--Applicable Law for Breach of Contract Claim. 2004-10 52.236-2--Differing Site Conditions. 1984-04 52.236-3--Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5--Material and Workmanship. 1984-04 52.236-6--Superintendence by the Contractor. 1984-04 52.236-7--Permits and Responsibilities. 1991-11 52.236-8--Other Contracts. 1984-04 52.236-9--Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. 1984-04 52.236-10--Operations and Storage Areas. 1984-04 52.236-11--Use and Possession Prior to Completion. 1984-04 52.236-12--Cleaning Up. 1984-04 52.236-13--Accident Prevention. 1991-11 52.236-15--Schedules for Construction Contracts. 1984-04 52.236-17--Layout of Work. 1984-04 52.242-13--Bankruptcy. 1995-07 52.242-14--Suspension of Work. 1984-04 52.243-4--Changes. 2007-06 52.247-5--Familiarization with Conditions. 1984-04 52.247-27--Contract Not Affected by Oral Agreement. 1984-04 52.247-68--Report of Shipment (REPSHIP). 2006-02 52.248-3--Value Engineering-Construction. 2015-10 52.249-2--Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-10--Default (Fixed-Price Construction). 1984-04 52.253-1--Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number --Title and Effective Date 252.203-7000--Requirements Relating to Compensation of Former DoD Officials. 2011-09

252.203-7002--Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003--Agency Office of the Inspector General. 2012-12 252.204-7003--Control of Government Personnel Work Product. 1992-04 252.204-7008--Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012--Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015--Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000--Provision of Information to Cooperative Agreement Holders. 1991-12 252.209-7004--Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2015-10 252.215-7002--Cost Estimating System Requirements. 2012-12 252.223-7006--Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.2014- 252.223-7008--Prohibition of Hexavalent Chromium. 2013-06 252.225-7012--Preference for Certain Domestic Commodities. 2017-12 252.225-7974--Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020- O0005) 252.232-7010--Levies on Contract Payments. 2006-12 252.236-7005--Airfield Safety Precautions. 1991-12 252.237-7010--Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001--Pricing of Contract Modifications. 1991-12 252.243-7002--Requests for Equitable Adjustment. 2012-12 252.244-7000--Subcontracts for Commercial Items. 2013-06

DFARS Clauses Incorporated in full text.

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020- O0005) Use the following provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, unless the solicitation is-- (a) Jointly determined by the Secretary of Defense and the Secretary of State to be--(1) Necessary for purposes of--(i) Providing humanitarian assistance to the people of Venezuela; (ii) Disaster relief and other urgent lifesaving measures; or (iii) Carrying out noncombatant evacuations; or (2) Vital to the national security interests of the United States; or (b) Related to the operation and maintenance of the United States Government's consular offices and diplomatic posts in Venezuela.

REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(DEVIATION 2020-O0005) (FEB 2020)

(a) Definitions. As used in this provision--"Agency or instrumentality of the government of Venezuela" means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela." "Business operations" means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. "Government of Venezuela" means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela. "Person" means-- (1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and (3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or

(2) of this definition. (b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States

Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (c) Representation. By submission of its offer, the Offeror represents that the Offeror--(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or (2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(End of provision)

AFFARS Clauses Incorporated by Reference

Number --Title and Effective Date 5352.223-9001--Health and Safety on Government Installations. 2012-11

52.211-12 Liquidated Damages-Construction. 2000-09 Liquidated Damages-Construction (Sept 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $358.63 for the first calendar day of delay and $282.01 for each calendar day of delay thereafter until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.219-6 Notice Of Total Small Business Set-Aside (DEVIATION 2019-O0003).

(a) Definition. "Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) Applicability. This clause applies only to--(1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. (1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any domestic firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall--(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; (ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and (iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery. (2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of clause)

52.219-14 Limitations On Subcontracting (DEVIATION 2019-O0003).

(a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. As used in this clause--"Similarly situated entity" means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set aside or sole source award under the HUBZone Program. (c) Applicability. This clause applies only to--(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; (3)Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b) (2)(i)(F). (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Agreement. By submission of an offer and execution of a contract, the Offeror /Contractor agrees in performance of the contract in the case of a contract for--(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (2) Supplies or products (other than procurement from a nonmanufacturer in such supplies or products), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded. (f) Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if--(1) It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3); (2) The WOSB participant of the joint venture is designated in the System for Award Management as a WOSB concern eligible under the WOSB Program; (3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions (i) Setting forth the purpose of the joint venture; (ii) Designating a WOSB concern eligible under the WOSB Program as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract; (iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the WOSB; (iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the WOSB contract; and (v) Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the joint venture. (4) The procuring activity executes the contract in the name of the WOSB concern eligible under the WOSB Program or joint venture. (g) Nonmanufacturer. (1) Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a WOSB concern eligible under the WOSB Program that provides an end item it did not manufacture, process, or produce, shall--(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; (ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and (iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery. (2) Paragraph (g)(1) of this clause does not apply to construction or service contracts.

(End of clause)

52.219-28 Post-Award Small Business Program Representation. 2013-07 Post-Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content /table-small-businesssize-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [_] is, [_] is not a small business concern under NAICS Code 237310 assigned to contract number *TBD. Contractor to sign and date and insert authorized signer's name and title.

(End of clause)

52.222-26 Equal Opportunity. 2016-

As prescribed in 22.810(e), insert the following clause: Equal Opportunity (Sept 2016) (a) Definition. As used in this clause. "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;

salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.

gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given by the Department of Labor's

Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.

html. "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c)(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to- (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by- (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bar-gaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.

52.222-35 Equal Opportunity for Veterans. 2015-10 As prescribed in 22.1310(a)(1), insert the following clause: Equal Opportunity for Veterans (Oct 2015) (a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 Equal Opportunity for Workers with Disabilities. 2014-07 As prescribed in 22.1408(a), insert the following clause: Equal Opportunity for Workers with Disabilities (Jul 2014) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.

Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12

As prescribed in 22.1605, insert the following clause: Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." (b) This required employee notice, printed by the Department of Labor, may be- (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov /olms/regs/compliance/ EO13496.htm; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.